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kuwait-takes-flight-with-new-civil-aviation-law

Kuwait takes flight with new civil aviation law

Kuwait’s Civil Aviation sector enters a new era with comprehensive legal reform.

Kuwait has introduced a new Civil Aviation Law, consolidating earlier legislation into a unified framework and introducing new rules for regulating the civil aviation sector.

This update aims to align Kuwait’s aviation sector with international standards, increases regulatory clarity, and provides greater protection for investors and operators. Whether you are an airline, aircraft owner, lessor, financier, or passenger, it’s important to understand how these changes may affect you.

What’s new? Key Updates:

For Regulation:

  • The Public Authority for Civil Aviation (PACA) will replace the Directorate General for Civil Aviation (DGCA), taking over all assets, rights, liabilities and employees.
  • PACA will have greater independence and authority to support the modernization of the civil aviation sector and to enable compliance with Kuwait’s international obligations.

For International Alignment:

  • International and regional conventions issued under the International Civil Aviation Organization that Kuwait has acceded to will take precedence in case of any conflict with the provisions of the new law.
  • This resolves past uncertainty over the application of international and regional conventions and ensures the full implementation of Kuwait’s obligations.

For Aircraft Ownership and Financing:

  • PACA will maintain a register to record all transactions concerning national civil aircraft
  • Any transaction – such as registration of a security interest – will have no legal effect unless registered.
  • This protects the rights of financiers with registered security interests.

For Liens and Priority Rights:

  • The new law sets out which liens take precedence regarding an aircraft, including debts to PACA and other government entities, salvage costs, third party damages and certain operational costs such as repairs, maintenance and fuel.
  • This provides clarity that was previously lacking.

For Air Carrier Liability:

  • A dedicated chapter specifies the responsibilities and liabilities of air carriers, including commercial air carriers.

Looking Ahead

Executive regulations will be issued within one year and are expected to offer further clarity and certainty for all stakeholders.

Why It Matters

This new framework strengthens governance, increases legal certainty, and aims to align Kuwait’s civil aviation with global best practices. Stakeholders such as airline operators, aircraft owners, lessors, financiers, and passengers should closely monitor its implementation.

What to do Now

Aviation Stakeholders should:

  • Review existing contracts and operations in light of the new requirements
  • Track the issuance of executive regulations for further compliance obligations
  • Assess potential impacts on financing, leasing, and operational arrangements

Need Help?

Our aviation team is following developments closely and can advise on how the new Civil Aviation Law may affect your business. Contact us for tailored advice and support.

Legal Reference: Civil Aviation Law issued under Decree No. 85 of 2025, 28 July 2025, effective from 3 February 2026.

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